RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060013016 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan Powers

Member

Mr. Qawiy Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1997 be corrected to show “Honorable”; and item 28 (Narrative Reason for Separation) be corrected to show “Entry Level Separation.”    

2.  The applicant states, in effect, that the discharge was improper due to his honorable service in One Station Unit Training, that he has never been in trouble, and that he reentered active service in 1998 and was honorably discharged in 2003 by reason of physical disability with severance pay.

3.  The applicant provides a copy of a DD Form 214 for the period ending 
28 February 1997.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 February 1997.  The application submitted in this case is dated 14 August 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army National Guard on 5 September 1996 for a period of 8 years.  On 29 October 1996, the applicant was ordered to active duty for training and released from active duty on 28 February 1997.  

4.  Item 24 on the applicant’s DD Form 214 for the period ending 28 February 1997 shows the entry, “UNCHARACTERIZED.”  Item 25 (Separation Authority) on this DD Form 214 shows the entry, “AR [Army Regulation] 635-200, CHAP [Chapter] 4.”  Item 26 (Separation Code) on this DD Form 214 shows the entry, “MBK.”  Item 28 on this DD Form 214 shows the entry, “COMPLETION OF REQUIRED ACTIVE SERVICE.”    

5.  On 4 February 1998, the applicant was honorably discharged from the Army National Guard.    
6.  The applicant enlisted in the Regular Army on 2 April 1998 for a period of 3 years.  On 7 August 2003, the applicant was honorably discharged by reason of physical disability with severance pay.   

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  The service of Army National Guard and U.S. Army Reserve Soldiers who successfully complete a period of initial active duty for training who are in entry level status will be uncharacterized even though they have completed their initial active duty training successfully.  A Soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and service is uncharacterized.  Entry level status is defined as the first 180 days of continuous active duty.  

8.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation, in effect at the time, stated the reason for discharge based on separation code “MBK” is “Completion of Required Active Service” and the regulatory authority is Army Regulation 635-200, chapter 4.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant completed his initial active duty training while in an entry level status.  The governing regulation states that the service of Army National Guard Soldiers who successfully complete a period of initial active duty for training who are in entry level status will be uncharacterized. Therefore, item 24 on his DD Form 214 for the period ending 28 February 1997 properly reflects his character of service as uncharacterized. 

2.  The applicant’s narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character to be rated as honorable or otherwise.   

3.  Records show the applicant should have discovered the alleged error now under consideration on 28 February 1997; therefore, the time for the applicant to file a request for correction of any error expired on 27 February 2000.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

JI______  __SP____  ___QS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




____John Infante______
          CHAIRPERSON




INDEX

CASE ID
AR20060013016
SUFFIX

RECON

DATE BOARDED
20070403
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
110.0200
3.

4.

5.

6.